Law Society of NSW v English [2011] NSWADT 39

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Law Society of NSW v English [2011] NSWADT 39 Hearing dates: 31 May 2010, 25 June 2010 Decision date: 02 March 2011 Jurisdiction: Legal Services Division Before: Currie JS, Judicial Member Fairlie D, Judicial Member Bubniuk L, Non-judicial Member Decision: 1.The Respondent be publicly reprimanded. 2. a) The Respondent to be issued with a Restricted Practising Certificate and to be supervised by a Practitioner with either an Unrestricted Principal or Non-Principal or Government or Corporate/Non-Lawyer Entity, Practising Certificate; b) The Respondent not to become a Solicitor/director of any incorporated legal practise. c) The Respondent to continue consulting a practising psychiatrist of the Respondent's choice ("the Respondent's psychiatrist") and approved by the Manager ("the Manager") for the time being of the Professional Standards Department of the Society who is willing to provide reports in terms of (d) hereof until the expiration of the Period and subject to the terms of paragraph (d) hereof. d) The Respondent to provide authorisation in writing to the Respondent's psychiatrist in accordance with these Orders, to permit the psychiatrist to report on the consultations with the Respondent to the Manager, such reports to commence three (3) months after a Practising Certificate is issued to the Respondent and every six (6) months thereafter, and at such other times as the Respondent's psychiatrist may be of the opinion that matters need to be brought to the attention of the Manager. e) The Respondent to bring to the attention of his employer and the Respondent's psychiatrist the Tribunal's Determination in these proceedings and permit the Manager in his or her discretion, to confirm with the Respondent's Employer and psychiatrist that he or she is fully conversant with such Determination. f) The Respondent to provide authorisation in writing to his employer in accordance with these Orders, to permit his employer to provide such information to the Manager as required by the Manager at such times as the Manager deems fit. g) After the expiry of the period, the Respondent not be permitted to hold an unrestricted Principal Practising Certificate or become a Solicitor/director of any incorporated legal practice unless such application is accompanied by a report from the Respondent's psychiatrist certifying the Respondent's medical and psychiatric fitness to practise in such capacity. h) The Respondent not to have access to or to be signatory to or operate any account conducted by his employer or client of his employer with any bank or financial institution. i) The Respondent not to have access to mail received in the Employer's office other than as provided to him by his Employer. j) The Respondent's employment at all times to be under the direct supervision of his Employer. Should that person be absent from the practice in excess of 3 business days, that supervision to be undertaken by another Solicitor either with an unrestricted principal or non-principal or government or corporate/non-lawyer entity, Practising Certificate who has been made aware of the conditions upon which the Respondent is permitted to work in the practice. 3.The Respondent pay the Applicant's costs of these proceedings. Catchwords: Findings of Professional Misconduct and Unsatisfactory Professional Conduct; Orders for Public Reprimand, Restrictions on Right to Practise, Provision to the Law Society of Reports from the Respondent's Psychiatrist; Provision to the Law Society of Reports from the Respondent's Employer and Restrictions on Practising Certificate; and Costs. Legislation Cited: Legal Profession Act 1987 Legal Profession Act 2004 Cases Cited: NSW Bar Association v Howen (no. 2) [2003] NSWADT 235; Law Society of NSW v Parling [2008] NSWADT 344; and Law Society of NSW v Kay [2009] NSWADT 39 Texts Cited: "Courting the Blues" published by the Brain and Mind Research Institute of the University of Sydney Studies undertaken by Professor Ian Hickie Category: Principal judgment Parties: Council of the Law Society of NSW (Applicant) Representation: Counsel: Mr B A Connell (Respondent) Solicitors: Mr P Boyd (Applicant) Mr P M Fordyce, Ms G. Wu; (PMF Legal) (Respondent) File Number(s): 082016